(The Associated Press circulated the following article on September 15.)
ROCHESTER, Minn. — The Eighth U.S. Circuit Court of Appeals will hear the second appeal by Rochester parties opposed to the DM&E Railroad’s extension and upgrade project in mid November.
The Appeals Court has scheduled oral arguments for the Week of November 13th through November 17th.
Rochester City Attorney Terry Adkins says it’s possible there will be a decision this year, but he expects it to come early next year.
Rochester, the Mayo Clinic, Olmsted County and the Sierra Club all filed appeals after the federal Surface Transportation Board approved the project for a second time. The same parties appealed the board’s first project approval.
The railroad wants to upgrade its 600-mile line through Minnesota, South Dakota and Wyoming. Opponents don’t want more rail traffic and noise.